III) From the Variation with the father of deceased namely Muhammad Iqbal (complainant of second version) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed towards the petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It is usually a properly-proven proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject matter towards the procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings about the evidence.
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The former means “guilty act” and the latter means “guilty mind.” With the omission in the intention, the commission of your act alone is just not adequate to gain a conviction for that crime. This is often a standard principle that all law students are very well acquainted with.
The mentioned recovery could possibly be used, with the most, for corroboration of the main evidence, but by itself it cannot become a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of event. The mentioned memo of pointation is irrelevant and inadmissible as almost nothing was discovered due to this kind of pointation. The place of occurrence in addition to the place of throwing the dead body were already from the knowledge of witnesses prior to their pointation with the petitioners. Reliance is also placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held because of the august Supreme Court of Pakistan as under:
Reasonable grounds are offered about the record to attach the petitioner with the commission of your alleged offence. While punishment in the alleged offence does not tumble inside the prohibitory clause of Section 497, Cr.P.C. but acquired Deputy Prosecutor General apprises that another case of similar nature arising from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is during the credit of your petitioner as accused, therefore, case in the petitioner website falls during the exception where bail cannot be granted even from the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, assistance has long been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion in the same is hereby reproduced:
The reason for this difference is that these civil regulation jurisdictions adhere to your tradition that the reader should be capable of deduce the logic from the decision and also the statutes.[four]
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department concerned shall provide the complete list of ACRs from the concerned officer to DPC effectively in advance cases for promotin(Promotion)
VI) The petitioner is powering the bars considering that arrest, investigation from the case is complete, he is no more necessary with the purpose of investigation and at this stage to help keep him at the rear of the bars before conclusion of trial will provide no useful purpose.
In certain jurisdictions, case regulation could be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same style of case.
A lower court may well not rule against a binding precedent, even if it feels that it's unjust; it could only express the hope that a higher court or the legislature will reform the rule in question. When the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the law evolve, it could possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for your judge to recommend that an appeal be performed.
fourteen. From the light of your position explained higher than, it is actually concluded that a civil servant includes a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the length of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more